Crim Law

Question 1

Specific Intent Crimes

Intentionally commit the act and intended the results.

Answer 1

BAM ACTS

Burglary
Assault
Murder in the 1st
Attempt 
Conspiracy
Theft
Solicitation

Question 2

Solicitation

Answer 2

Asking Simone to commit crime

If they accept it is no longer solicitation it is conspiracy

Question 3

Conspiracy

Answer 3

1 agreement

2. Intent to agree
3. Unlawful objection

Question 4

Attempt

Answer 4

Specific intent to commit crime

AND

Substantial step beyond mere preparation

Question 5

Insanity Tests

Answer 5

1. McNaghten - d lacked ability to know wrongfulness of actions
2. MPC / ALI. - d could not appreciate criminality of conduct or conform conduct to requirement of law.
3. Durham rule - d’s conduct was product of mental illness.

Question 6

Self Defense

Answer 6

Non deadly - if reasonably necessary

Deadly - reasonably believed imminent death or great bodily harm.

Minority jx- Require retreat unless in persons home or victim of rape or robbery.

Question 7

Defense of others

Answer 7

Reasonably believed other had right to self defense

Question 8

Defense of property

Answer 8

Non deadly ok

Once it is taken cannot use force to regain property unless in hot pursuit.

Question 9

Battery

Answer 9

Unlawful use of force resulting in bodily injury or offensive touching

Aggravated - deadly weapon or victim is woman or child or police.

Question 10

Assault

Answer 10

Attempted battery or threat to inflict bodily injury

Question 11

Homicide

Answer 11

Unlawful killing of human with malice aforethought, intent to kill, intent to inflict great bodily injury, reckless indifference (depraved heart), felony murder

Question 12

First degree murder

Answer 12

Deliberate willful, premeditated and enumerated felony (arson , robbery, rape, mayhem and kid napping)

Question 13

Second degree

Answer 13

Covers everything else not in 1st degree.

It is an unjustified killing.

Question 14

Manslaughter

Answer 14

1. Imperfect self defense
2. Voluntary man slaughter- murder with provocation without cooling off period
3. Involuntary man slaughter - Criminal negligence, battery or misdemeanor

Question 15

Larceny

Answer 15

Taking and carrying away of another’s property by trespass with intent to permanently deprive.

Question 16

False pretense

Answer 16

Obtaining TITLE to personal property of another by an intentional false statement of past or existing fraud with intent to deceive

Question 17

Embezzlement

Answer 17

Fradulant conversion of pp of another by a person in lawful possession of that property.

Question 18

Extortion

Answer 18

Obtain property by threat of harm / exposing info

Question 19

Receipt of stolen property

Answer 19

Receiving possession and control of stolen personnel property KNOWN to have been stolen by another person with intent to permanently deprive owner.

Question 20

Burglary

Answer 20

Breaking and entering of a dwelling of another at nighttime with intent to commit a felony

Question 21

Arson

Answer 21

Malicious burning of dwelling of another. Requires damage to structure.

Question 22

Good faith defense

Answer 22

Reliance on

1. Judicial opinion
2. Statute or ordinance
3. Defective Search Warrant

Question 23

When do you not need a warrant?

Answer 23

1. Incident to lawful Arrest (person & wingspan)
2. Automobile exception (requires probable cause or consent)
3. Plain view
4. CONSENT
5. Stop and Frisk (reasonable suspicion of committing criminal act frisk if you reasonable suspicion armed and dangerous)
6. Hot Pursuit (May follow suspect into dwelling, may seize evidence likely to disappear)

Always look for exceed the scope of the lawful search questions.

Question 24

Miranda

Answer 24

Custodial ( not free to leave)
Interrogations ( reasonably likely to elicit a response)

UNAMBIGUOUS assertion of right to attorney prohibits questioning UNLESS accused initiates resumption.